Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.167 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- BARBIGHA District- Sheikhpura ====================================================== Niranjan Kumar, son of Bindeshwari Das, Resident of Village- Kaithatikar, Police Station- Barahat, District- Banka, at present posted at Sub Post OfficeBarahiya, Police Station- Barhiya, District- Lakhisarai. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Barbigha (Mission O.P.) P.S. Case No.209 of 2018, registered for the offence punishable under Sections 409 and 420/34 of the Indian Penal Code. Allegation has been made that the petitioner and one Manoj Prasad have misappropriated the money of the depositors.

Looking to the entire facts and circumstances of the

Patna High Court Cr.Misc. No.167 of 2019(2) dt.10-01-2019 2/3 case, let the petitioner, namely, Niranjan Kumar, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura, in connection with Barbigha (Mission O.P.) P.S. Case no. 209 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is also subject to the condition that the petitioner would deposit 50% of the misappropriated amount in the Post Office within a period of six weeks from today and the Court below after verification of the same, will accept the bail of the present petitioner. For the present, interim relief is being granted that during the period of six weeks from today, no coercive step will be taken against the petitioner in connection with aforesaid case.

It is clarified that if the petitioner would fail to deposit the amount, as stated hereinabove, within the aforesaid period of six weeks, the interim relief granted to the petitioner will be treated to have been withdrawn as also this bail order will be treated to have been cancelled.

Patna High Court Cr.Misc. No.167 of 2019(2) dt.10-01-2019 3/3 With the aforesaid observations and directions, this bail application is disposed of.

(Shivaji Pandey, J) pawan/- U T